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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Weapons) Bill 2008
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- The Criminal Code amended
3. The Criminal Code amended in this Part 3
4. Sections 67A to 67F inserted 3
67A. Being armed in or near place of public
entertainment 3
67B. Being armed in public in company 3
67C. Having ready access to both weapons and
cash 4
67D. Meaning of "lawful excuse" in
sections 67A, 67B and 67C 4
67E. Having ready access to both weapons and
illegal drugs 5
67F. Proof of lawful excuse in sections 67A,
67B, 67C and 67E 6
Part 3 -- Weapons Act 1999 amended
5. The Act amended in this Part 7
6. Section 6 amended 7
7. Section 7 amended 7
8. Section 8 amended 8
273--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Weapons) Bill 2008
A Bill for
An Act to amend The Criminal Code and the Weapons Act 1999.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Weapons) Bill 2008
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Acts Amendment (Weapons) Act 2008.
2. Commencement
5 This Act comes into operation as follows:
(a) Part 1 -- on the day on which this Act receives the
Royal Assent;
(b) the rest of the Act -- on the day after that day.
page 2
Acts Amendment (Weapons) Bill 2008
The Criminal Code amended Part 2
s. 3
Part 2 -- The Criminal Code amended
3. The Criminal Code amended in this Part
The amendments in this Part are to The Criminal Code.
4. Sections 67A to 67F inserted
5 After section 67 the following sections are inserted --
"
67A. Being armed in or near place of public
entertainment
(1) In this section --
10 "place of public entertainment" means --
(a) a place where the public is present and where
entertainment of any kind is about to be, is
being, or has just been provided to the
public, whether on payment or not; or
15 (b) licensed premises, as that term is defined by
the Liquor Control Act 1988 section 3(1);
"prescribed place" means --
(a) a place of public entertainment; or
(b) a public place within 50 metres of a place of
20 public entertainment.
(2) A person who, without a lawful excuse, is armed with
any dangerous or offensive weapon or instrument in, or
with intent to enter, a prescribed place is guilty of a
crime and is liable to imprisonment for 5 years.
25 Summary conviction penalty: imprisonment for 3 years
and a fine of $36 000.
67B. Being armed in public in company
A person who, without a lawful excuse, is armed with
any dangerous or offensive weapon or instrument in a
page 3
Acts Amendment (Weapons) Bill 2008
Part 2 The Criminal Code amended
s. 4
public place when in company with 2 or more other
persons is guilty of a crime and is liable to
imprisonment for 5 years.
Summary conviction penalty: imprisonment for 3 years
5 and a fine of $36 000.
67C. Having ready access to both weapons and cash
(1) In this section --
"prescribed amount" means the amount prescribed
for the purposes of the Firearms Act 1973
10 section 19(1ab)(a)(ii).
(2) A person who, without a lawful excuse, has ready
access simultaneously to both --
(a) a dangerous or offensive weapon or instrument;
and
15 (b) cash equal to or more than the prescribed
amount,
is guilty of a crime and is liable to imprisonment for
5 years.
Summary conviction penalty: imprisonment for 3 years
20 and a fine of $36 000.
67D. Meaning of "lawful excuse" in sections 67A, 67B
and 67C
(1) In sections 67A, 67B and 67C, being armed for defence
is not a lawful excuse unless the person --
25 (a) has reasonable grounds to apprehend that
circumstances necessitating defence may arise;
and
(b) is armed only for defence; and
page 4
Acts Amendment (Weapons) Bill 2008
The Criminal Code amended Part 2
s. 4
(c) is armed only --
(i) with a weapon or instrument the sole
purpose of which is to spray oleoresin
capsicum; or
5 (ii) with a briefcase or suitcase that is
commercially designed and made to
discharge an electric current so as to
deter the theft of the case.
(2) In sections 67A, 67B and 67C, a lawful excuse
10 includes the following --
(a) being a police officer acting in the course of
duty;
(b) being a prison officer as defined in the Prisons
Act 1981 section 3(1) and (2) acting in the
15 course of duty;
(c) being a person authorised to exercise a power
set out in Division 1, 2 or 3 of Schedule 2 to the
Court Security and Custodial Services Act 1999
or a power set out in Schedule 3 to that Act
20 acting in the course of duty;
(d) being the holder of, and engaged in activities
authorised by, a security officer's licence issued
under the Security and Related Activities
(Control) Act 1996 while armed in accordance
25 with Part 3 Division 3 of that Act.
67E. Having ready access to both weapons and illegal
drugs
(1) In this section, being armed for defence is not a lawful
excuse.
30 (2) A person who, without a lawful excuse, has ready
access simultaneously to both --
(a) a dangerous or offensive weapon or instrument;
and
page 5
Acts Amendment (Weapons) Bill 2008
Part 2 The Criminal Code amended
s. 4
(b) a prohibited drug or a prohibited plant as those
terms are defined in section 3(1) of the Misuse
of Drugs Act 1981 that, under section 6 or 7 of
that Act, the person is not authorised to possess,
5 is guilty of a crime and is liable to imprisonment for
5 years.
Summary conviction penalty: imprisonment for 3 years
and a fine of $36 000.
67F. Proof of lawful excuse in sections 67A, 67B, 67C
10 and 67E
In a prosecution for an offence under section 67A, 67B,
67C or 67E, the accused has the onus of proving that
the accused had a lawful excuse.
".
page 6
Acts Amendment (Weapons) Bill 2008
Weapons Act 1999 amended Part 3
s. 5
Part 3 -- Weapons Act 1999 amended
5. The Act amended in this Part
The amendments in this Part are to the Weapons Act 1999.
6. Section 6 amended
5 Section 6(1) is amended by deleting the penalty provision at the
foot of the subsection and inserting instead --
"
Penalty: imprisonment for 3 years and a fine
of $36 000.
10 ".
7. Section 7 amended
(1) Section 7(1) is amended by deleting the penalty provision at the
foot of the subsection and inserting instead --
"
15 Penalty: imprisonment for 2 years and a fine
of $24 000.
".
(2) Section 7(2) is amended by deleting the penalty provision at the
foot of the subsection and inserting instead --
20 "
Penalty: imprisonment for 2 years and a fine
of $24 000.
".
page 7
Acts Amendment (Weapons) Bill 2008
Part 3 Weapons Act 1999 amended
s. 8
8. Section 8 amended
Section 8(1) is amended by deleting the penalty provision at the
foot of the subsection and inserting instead --
"
5 Penalty: imprisonment for 2 years and a fine
of $24 000.
".
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